Scotland Case Commentaries

Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38

Date: Aug 25, 2022

Judicial Standards for Extending Interim Medical Registration Suspensions: Insights from IB v The General Medical Council [2022] CSIH 38 Introduction The case IB Against The General Medical Council...

Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15

Date: Aug 25, 2022

Defining 'Special Cause' under Section 275B: High Court of Justiciary in Edward Doran's Appeal [2023] HCJAC 15 1. Introduction The case of Edward Doran v Her Majesty's Advocate ([2023] HCJAC 15)...

Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33

Date: Aug 24, 2022

Establishing Corroboration in Section 1 Domestic Abuse Cases: Insights from [2022] HCJAC 33 Introduction The case [2022] HCJAC 33, heard by the Scottish High Court of Justiciary on August 23, 2022,...

Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC

Date: Aug 23, 2022

Establishing the Boundaries of Anti-Suit Interdicts: Insights from HUGH HALL CAMPBELL QC v. LORD DAVIDSON OF GLEN CLOVA QC Introduction The case of HUGH HALL CAMPBELL QC (Petitioner) versus Lord...

Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30

Date: Aug 20, 2022

Enhancing Jury Identification: Insights from Wishart v HM Advocate [2022] HCJAC 30 Introduction The case of Mark Wishart v Her Majesty's Advocate ([2022] HCJAC 30) presents a pivotal examination of...

Legal Commentary on Club Los Claveles v First National Trustee Company Ltd [2022] ScotCS CSIH_35

Date: Aug 19, 2022

Establishing Trustee Accountability in Unincorporated Associations: Insights from Club Los Claveles v First National Trustee Company Ltd [2022] Introduction The case of Club Los Claveles against...

Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37

Date: Aug 19, 2022

Erasure as Mandatory Sanction for Persistent Dishonesty in Medical Practice: Analysis of [2022] CSIH 37 Introduction The case of Professional Standards Authority for Health and Social Care vs Medical...

Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments

Date: Aug 19, 2022

Judicial Upholding of ESA Regulations in Scottish Tribunal Appointments Introduction The case of Victoria Reid v. Scottish Ministers ([2022] ScotCS CSOH_56) presents a significant judicial review...

Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022

Date: Aug 19, 2022

Recognition and Enforcement of Cross-Border Deprivation of Liberty Orders under The Cross-border Placements Regulations 2022 Introduction The case titled Petition for the Exercise of the Nobile...

Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55

Date: Aug 17, 2022

Law Enforcement Data Retention under the Data Protection Act 2018: Insights from Robert Bartosik v Police Scotland [2022] CSOH 55 Introduction The case of Robert Bartosik v Police Scotland [2022]...

Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34)

Date: Aug 13, 2022

Exclusive Liability in Medical Negligence: Insights from RECLAIMING MOTION BY CAR AGAINST MUFTAH SALEM ELJAMEL AND NHS TAYSIDE ([2022] ScotCS CSIH_34) Introduction The case of Reclaiming Motion by...

Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31)

Date: Aug 12, 2022

Double Deduction for Remand Time in Long-Term Sentencing: Insights from CROWN APPEAL AGAINST SENTENCE AGAINST JAKE O'DOHERTY ([2022] ScotHC HCJAC_31) Introduction In the case of CROWN APPEAL AGAINST...

Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation

Date: Aug 11, 2022

Kirkwood v Thelem: Reevaluating the Reasonableness of Foreign Solicitor Fees in Scottish Litigation Introduction The case of Dr Margaret Janis Kirkwood against Thelem Assurances ([2022] ScotCS...

Presumption and Burden of Proof in Meter Defect Claims: Insights from SSE Energy Supply Ltd v Stag Hotel Ltd [2022]

Date: Aug 11, 2022

Presumption and Burden of Proof in Meter Defect Claims: Insights from SSE Energy Supply Ltd v Stag Hotel Ltd [2022] ScotCS CSOH_54 Introduction The case of SSE Energy Supply Ltd against Stag Hotel...

Judicial Commentary: Sinclair v HMA – Reinforcing the Integrity of First Diet Procedures in the Scottish High Court

Date: Aug 6, 2022

Sinclair v HMA – Reinforcing the Integrity of First Diet Procedures in the Scottish High Court Introduction The case Sinclair v Her Majesty's Advocate (HMA), [2023] ScotHC HCJAC_5, adjudicated by the...

Bribery and Vicarious Liability in Scots Law: Oil States Industries v "S" Ltd and Others [2022]

Date: Aug 5, 2022

Bribery and Vicarious Liability in Scots Law: Oil States Industries v "S" Ltd and Others [2022] Introduction The case of Oil States Industries (UK) Ltd against "S" Ltd and Others ([2022] ScotCS...

Admissibility of Circumstantial Evidence and Extra-Judicial Admissions: An Analysis of [2023] HCJAC 42

Date: Aug 4, 2022

Admissibility of Circumstantial Evidence and Extra-Judicial Admissions: An Analysis of [2023] HCJAC 42 Introduction The case of Andrew Gerald Lingard vs. Her Majesty's Advocate ([2023] HCJAC 42)...

Extension of the Twelve-Month Time Bar under Section 65 of the Criminal Procedure (Scotland) Act 1995: Barr v HM Advocate [2023] ScotHC HCJAC_9

Date: Jul 29, 2022

Extension of the Twelve-Month Time Bar under Section 65 of the Criminal Procedure (Scotland) Act 1995: Barr v HM Advocate [2023] ScotHC HCJAC_9 Introduction The case of Philip Michael Barr versus Her...

URQUHART v WEST LARKIN LTD [2022]: Establishing Tenant's Enforceable Right to Purchase under the Agricultural Holdings Act 2003

Date: Jul 29, 2022

URQUHART v WEST LARKIN LTD [2022]: Establishing Tenant's Enforceable Right to Purchase under the Agricultural Holdings Act 2003 Introduction The case of URQUHART v WEST LARKIN LTD ([2022] ScotCS...

Assessment of Exacerbation of Pre-existing Somatoform Symptom Disorder in Personal Injury Claims: Cossey v Buccleuch Estates Ltd [2022] ScotCS CSOH_50

Date: Jul 28, 2022

Assessment of Exacerbation of Pre-existing Somatoform Symptom Disorder in Personal Injury Claims: Cossey v Buccleuch Estates Ltd [2022] ScotCS CSOH_50 Introduction The case of Sharon Cossey against...